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Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“agreement” means an agreement under regulation 6(6)(c);

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, use of land as grazing land, meadow land, weed beds, market gardens and nursery grounds and the maintaining of land in good agricultural and environment conditions as provided for in Article 5 of Council Regulation (EC) No. 1782/2003(2);

“approval” means an approval granted by the Department under Regulation 6;

“assistance” means the payments of support under the agri-environment measures falling within Axis 2 under Section 2 of Chapter 1 of Title IV of the Council Regulation which are provided for in the Rural Development Programme and which are payable in accordance with the Community Legislation;

“authorised person” means a person authorized by the Department to enforce these Regulations;

“beneficiary” means—

(a)

a person who has applied for and been granted an approval; and

(b)

in relation to any time after grant has been paid in connection with the approval, the person to whom the grant has been paid;

“the Council Regulation” means Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(3);

“Community legislation” means the instruments listed in the Schedule;

“Department” means the Department of Agriculture and Rural Development;

“eligible Land” means land used for agricultural purposes and recorded on a farm business map produced by the Department;

“grant” means a grant of payment under Regulation 4(1);

“operation” has the meaning given to it by the Council Regulation;

“Rural Development Programme” means the Northern Ireland Rural Development Programme submitted by the United Kingdom to the European Commission in accordance with Article 18 of the Council Regulation, as approved by Commission Decision C (2007) 4411of 27 September 2007;

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(4);

“water quality” means the ecological and chemical status of any waterway, as defined by the Water Framework Directive.

(3) In these Regulations references to priority habitats, special environmental projects, habitat enhancement options and capital enhancement items shall be construed in accordance with the Rural Development Programme.

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